HomeMy WebLinkAboutReso 105-10 Fallon Gateway PM 9827RESOLUTION NO. 105 - 10
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING THE FIRST AMENDMENT TO THE
TRACT IMPROVEMENT AGREEMENT PARCEL MAP 9827, FALLON GATEWAY
WHEREAS, the Stanforth Holding Company, LLC and the City of Dublin previously
entered into an Tract Improvement Agreement Parcel Map 9827, Fallon Gateway to satisfy
Conditions of Approval for Parcel Map 9827 included in the Dublin Community Development
Director Resolution No. 07-09 that requires the construction of frontage improvements; and
WHEREAS, the Stanforth Holding Company has executed and filed with the City of
Dublin an amendment to the Tract Improvement Agreement, Parcel Map 9827, Fallon Gateway
to include the Whiting-Turner Contracting Company with the "DEVELOPER"; and
WHEREAS, said Tract Improvement Agreement is secured by bond furnished by the
Developers Surety and Indemnity Company (Bond No. 9010398) in the total amount of
$755,000.00, and for the improvements, conditioned upon faithful performance of said
Agreement; and
WHEREAS, said Tract Improvement Agreement is secured by bond furnished by the
Developers Surety and Indemnity Company (Bond No. 9010398) in the total amount of
$755,000.00, and for the improvements, conditioned upon payment for labor perFormed or
material furnished under the terms of said Agreement;
NOW, THEREFORE, BE IT RESOLVED that said amendment to the agreement and
bonds are hereby approved.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized by the City Council to
execute the First Amendment to the Tract Improvement Agreement, Parcel Map 9827, Fallon
Gateway, attached hereto as Exhibit "A".
PASSED, APPROVED AND ADOPTEDthis 20th day of July, 2010, by the following
vote:
AYES: Mayor Sbranti, Councilmembers Hildenbrand, Hart, Biddle and Scholz
NOES: vone
ABSENT: None
ABSTAIN: None n ~ °
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Mayor
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City Clerk
Reso No. 105-10, Adopted July 20, 2010, Item No. 4.4
FIRST AMENDMENT TO
TRACT IMPROVEMENT AGREEMENT
PARCEL MAP 9827, FALLON GATEWAY
THIS FIRST AMENDMENT TO THE TRACT IMPROVEMENT AGREEMENT
PARCEL MAP 9827, FALLON GATEWAY is made and entered in the City of Dublin on this
20th day of July, 2010, by and among the City of Dublin, a Municipal Corporation ("CITY"),
and Stanforth Holding Company, LLC (or their assignee), and Whiting-Turner Contracting
Company (Stanforth Holding Company and Whiting-Turner Contracting Company are referred
to collectively as "DEVELOPER").
RECITALS
A. City and Stanforth Holding Company are parties to an agreement entitled Tract
Improvement Agreement Parcel Map 9827, Fallon Gateway, dated December 4, 2009 approved
by City Council Resolution No. 181- 09 on December 4, 2009.
B. Whiting-Turner Contracting Company is a legal entity that Stanforth Holding
Company propose to use to construct the Improvements. Whiting-Turner Contracting Company
was not a party to the Agreement.
C. By this Amendment, the parties intend to include Whiting-Turner Contracting
Coinpany as a party to the Agreement to authorize Whiting-Turner Contracting Company to
provide the security required by Section 6 of the Agreement.
NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the
mutual promises, obligations and covenants herein contained, City and Developer agree to
amend the Agreement as follows:
AGREEMENT
Section 1. Inclusion of Whiting-Turner Contracting Company as a Party. The term
"DEVELOPER" as used in the Agreement shall be deemed to refer to both Stanforth Holding
Company and Whiting-Turner Contracting Company.
[EXECUTION PAGE FOLLOWS]
First Amendment to Tract Improvement Agreement ~ Page 1 of 2
Parcel Map 9827, Fallon Gateway
IN WITNESS WFIEREOF, the parties hereto have caused this Agreement to be executed
as of the date and year first above written.
CITY OF DUBLIN DEVELOPER
)~~, S ORTH HOLDING COMPANY, LLC.
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Tiin Sbranti, Mayor
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Date: 6" O~~ .~ i~ It~ ~~~ ~~ /~/,y~!lr~r~f-'
ATTEST: Date: ~ ~~ G - ~~ / ~
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Caroline Soto, City Clerk`~ WHITING-TURNER CONTRA TING
COMP Y
Date: ~~-d ( C~ ~ . A ~~
Approved as to Form: ~ ` `
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John dcer, City Attorney
First Amendment to Tract Improvement Agreement Page 2 of 2
Parcel Map 9827, Fallon Gateway